An easement by estoppel?

Abstract

Discusses the Court of Appeal judgment in Joyce v Epsom and Ewell BC on whether the successor in title to a homeowner who, as a condition of him withdrawing his objection to the construction of supermarket, had been allowed a right of way over a driveway to a service road behind his property, could establish the existence of an easement by way of proprietary estoppel. Considers the relevance of the local authority's awareness that it had induced the owner into believing he enjoyed a right of access. Assesses whether the authority's denial of the claimant's entitlement was unconscionable